The European Commission published two texts aimed at curbing the rise of strategic lawsuits against public participation (SLAPPs) in Europe. The European Federation of Journalists (EFJ) joined the partners of the Coalition Against SLAPPs in Europe (CASE) in welcoming a landmark step in the right direction. The EFJ urges the Member States to implement the recommendation without delay.

As part of the European Democracy Action Plan, the European Commission presented on 27 April 2022 a package including a proposal for a directive (binding) and a recommendation (non-binding) to the Member States to urge them to take action against the rise of abusive lawsuits against journalists and media outlets in the European Union.

“I made a promise to the family of Daphne Caruana Galizia, who had more than 40 SLAPPs to deal with at the time of her killing. We worked on this in the name of Daphne and I had a feeling that Daphne was working with us on that. There is a special moral imperative behind it,” said Vice-President Vera Jourova during a press conference.

Legal harassment is a growing practice in the European Union used to censor, intimidate and exhaust journalists and media outlets by burdening them with costly court proceedings. A CASE report published in March 2022 found a rising cumulative trend of SLAPPs in Europe since 2015.

The Commission’s proposal includes:

• A proposal for a directive limited to civil law proceedings with a cross-border nature (ie. involving another EU country, or concerning a matter of public interest relevant to more than one Member State, or the claimant has initiated concurrent or previous court proceedings against the same defendants in another Member State)
• A recommendation complementing the directive and encouraging Member States to go further and address national cases of SLAPPs

Although the directive addresses only a certain type of SLAPP, it has a broad personal scope, addressing anybody who wants to hold power to account including journalists but also activists, trade unionists, human rights defenders, etc. It includes key safeguards and remedies, such as early dismissal mechanisms (along with reversal of burden of proof, stay of proceedings, accelerated proceedings), a regime of sanctions for harassers, and remedial and protective measures for victims (e.g. compensation of costs).

The recommendation sets out guidance for Member States on key aspects to effectively tackle SLAPPs, such as removing prison sentences for defamation, training of legal professionals and judiciary staff at all court levels, awareness raising activities and support mechanisms for victims. It also encourages data collection, reporting and monitoring of SLAPPs. The recommendation takes effect immediately.

EFJ General Secretary Ricardo Gutiérrez said: “This package is a first step towards recognition of SLAPPs and more protection for journalists and media who are increasingly harassed in courts. However, the safeguards must not be limited to cross-border SLAPPs as the vast majority of cases are purely national. We call on Member States to implement without delay the recommendation whose provisions are decisive to end SLAPPs in Europe. We also welcome the timely reminder of the decriminalisation of defamation, which we have long called for.”

The directive will be submitted to the European Parliament and Council of Ministers for amendments and adoption.

Ardiana Thaçi Mehmeti – a journalist from Klan Kosova shared her experience in investigative journalism within the panel on violence and problems that female journalists face in the region at a regional conference organized by Safe Journalists Network.

“In Kosovo, violence against female journalists is not necessarily physical, but more psychological. We are under pressure to give up at the first obstacle”, said Thaçi Mehmeti.

She focused her speech on a research she did in 2019 while she was working for KTV. The research was related to the employment and corrupt affairs in Telecom of Kosovo, as well as the offers and pressure that she had at the time to give up reporting for this case.

Thaçi Mehmeti was a guest speaker at the Regional Conference of Safe Journalists, where the Association of Journalists of Kosovo is participating, together with the associations of 6 other countries of the Western Balkans.

Safe Journalists Network organized a Regional Conference in Sarajevo, to present the findings of the Index for Media Freedom and Safety of Journalists.

On behalf of AJK, the Chairman of the Board, Xhemajl Rexha spoke about the safety of journalists in Kosovo in 2021.

“Since 2018, the cases of attacks of various forms against journalists in Kosovo have increased, and in 2021 a total of 29 cases have been registered at AJK. Many of these attacks, mostly verbal and online, came directly from people that have power or that are closely linked to the government, which is a worrying trend in the country. A high number of journalists continue to work without contracts, and unfortunately are paid below the level of the average salary in Kosovo”, said Rexha.

Safe Journalists, funded by the European Commission, monitors media freedom and reports on attacks on journalists in Serbia, Bosnia and Herzegovina, Kosovo, Montenegro, Northern Macedonia, and most recently in Albania.

The regional conference of the Safejournalists network (www.safejournalists.net) on the topic of protection of media freedoms and security of journalists in the Western Balkans will be held at the Holiday Hotel in Sarajevo, from April 26 to 28. The conference will be attended by journalists, editors, media experts, representatives of governmental and non-governmental organizations and institutions from the region and the EU, and international organizations dedicated to the protection of freedom of expression.

With the support of the European Union, the Safejournalists network was formed in 2016 by a joint decision of journalist organizations from Croatia, Bosnia and Herzegovina, Serbia, Montenegro, Northern Macedonia and Kosovo to map and record attacks on journalists and threats to media professionals and ensure effective legal protection for journalists through the actions of competent institutions and punishing attackers. During 2020, the Network expanded its activities to the territory of Albania, with a focus on recording threats to journalists and public reactions to cases of endangering the rights of journalists and media freedoms in that country.

The Safejournalists network currently has a database of more than 1,200 recorded cases of threats and attacks on journalists, with monitoring of the actions and reactions of the competent authorities and public institutions in sanctioning attackers. National Indicators of Media Freedom and Security of Journalists are published each year with a comparative, regional report on trends and progress in the field of media freedom. In 2021, the Journalists’ Security Index in seven Western Balkan countries was prepared and published, as the first comprehensive mechanism for numerically measuring the progress of the Western Balkan countries in protecting freedom of expression and freedom of the media in line with EU standards.

At the regional conference in Sarajevo, we want to discuss the current challenges of protecting journalists from violence, as well as the possibilities of applying EU standards for the protection of media freedom in the local context of the Western Balkans. We will also draw attention to violence against women journalists, who are increasingly victims of online threats and harassment, and talk about new, international instruments to help the media and journalist organizations in our region. As some of the Western Balkan countries went through war cataclysms and devastation two decades ago, we would like to draw attention to media coverage of the current war in Ukraine and invite fellow journalists to professional coverage of the public and victims interests.

All those interested can follow the conference online via the link: https://us02web.zoom.us/meeting/register/tZIsduCsqTMuHNWxnB7JtZgOMJ4UQt1qZtZ4

Lyudmila Makey – Ukrainian journalist, Chairman of the Board of AJK, Xhemajl Rexha, and the Legal Advisor at ECPMF, Flutura Kusari, today organized a conference regarding the launching of the project “Journalists in Residence – Kosovo ”, which envisages the arrival of 20 Ukrainian Journalists in Kosovo.

Makey expressed gratitude for the support given by Kosovo, as well as the solidarity of journalists for the war in Ukraine.

“As soon as I got off the plane I felt the sincerity and hospitality of the people who welcomed me … I was very impressed by how the pain of my country is felt by heart by the people of Kosovo. I am grateful to the Government of Kosovo for supporting the people of Ukraine in such a difficult moment, as well as the solidarity of colleagues from Kosovo because it is very important for the world to hear about Ukraine,” she said at the press conference organized by AJK.

Makey also stressed that she feels honored to represent the Union of Journalists of Ukraine, which has over 16,000 members and also to the given the opportunity to report from Kosovo.

“I am sincerely grateful for the opportunity to become the first Ukrainian journalist to come to Kosovo. For me, this is a good opportunity to remain in the profession and get to know fellow journalists in Kosovo.”

Chairman of the Board of AJK, Xhemajl Rexha, said that he is proud of the work that has been done so far to accommodate colleagues from Ukraine, as well as the will of colleagues and media from Kosovo to provide workspace for journalists who will come to Kosovo.

“AJK’s offices will serve for the first Ukrainian journalists that will come to Kosovo, at the meantime we thank all the colleagues and other media that have expressed readiness to provide working spaces for colleagues from Ukraine. This is a very important project for AJK, it is solidarity in action and I am very proud of the work that has been done and will be done, and also with all the will of journalists, colleagues to help journalists from Ukraine”, he said.

Flutura Kusari from ECPMF, stressed that in addition to the budget allocated for accommodation, monthly expenses, and travel, colleagues from Ukraine were also provided with Albanian language courses and medical and psycho-social services.

“With the budget that has been allocated, which is 150 thousand euros for six months, journalists who will come to Kosovo will receive 500 euros per month for monthly expenses, 300 euros for rent, and about 1 thousand euros for travel to come to Kosovo, and to return to their country when the time comes. We have also provided medical services, psycho-social services, Albanian language courses, and integration courses. I want to thank also AJK and other media that have provided offices and newsrooms where journalists can work “, said Kusari.

She also said that the main role of the ECPMF and the European Federation of Journalists is to verify journalists who apply to be part of the program “Journalists in Residence”.

“The main role of the European Centre for Press and Media Freedom, and the EFJ, is to accept and verify the applications of journalists from Ukraine. We want to make sure that the journalists who come to Kosovo are journalists who know each other in Ukraine, and we are doing this in cooperation with the two Journalists’ Unions in Ukraine”.

“Journalists in Residence in Kosovo”, is a program established by the European Centre for Press and Media Freedom (ECPMF) and the European Federation of Journalists (EFJ), funded and supported by the Kosovo government.

The program is being implemented by the Association of Journalists of Kosovo with the support of the OSCE and the European Endowment for Democracy, as well as in cooperation with the two journalists’ unions in Ukraine.

Today in a press conference, Minister of Internal Affairs, Xhelal Sveçla, claimed for the question of journalist Besarta Hoti to be “stupidity”.

Journalist Hoti of online portal “Periskopi”, asked the Minister about the employment of his sister in the Ministry of Agriculture in the Government of Kosovo.

Having in consideration his position, minister’s behavior is unprofessional and it also has sexist tones. His response prompted a series of online hateful reactions that targeted the journalist.

AJK considers that journalists are free to ask all of the questions that are of public interest, regardless of the conference’s main topic. Furthermore, MIA is no exception in answering to the media just like the other governmental institutions.